Vol. 148, No. 27 — December 31, 2014
Registration
SOR/2014-311 December 12, 2014
FISHERIES ACT
Regulations Amending the Ontario Fishery Regulations, 2007
P.C. 2014-1482 December 12, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 (see footnote a) of the Fisheries Act (see footnote b), makes the annexed Regulations Amending the Ontario Fishery Regulations, 2007.
REGULATIONS AMENDING THE ONTARIO FISHERY REGULATIONS, 2007
AMENDMENTS
1. The definition “sport fishing” in subsection 1(1) of the Ontario Fishery Regulations, 2007 (see footnote 1) is replaced by the following:
“sport fishing” means the catching of fish for non-commercial purposes. (pêche sportive)
2. The Regulations are amended by adding the following after subsection 9(2):
(3) No person shall retain a fish that has been pierced or hooked in any part of the body other than the mouth while angling except a fish that has been pierced or hooked while being landed with a gaff that is not a spring gaff.
3. Section 17 of the Regulations is replaced by the following:
17. Subject to section 18, no person shall possess fish of a species set out in column 1 of Part 2 of Schedule 3, caught under a sport fishing licence or conservation fishing licence from the waters of all zones combined, in a quantity greater than the provincial possession limit set out in column 2.
4. Section 28.1 of the Regulations is replaced by the following:
28.1 No person, other than the holder of a commercial bait licence or any other licence that authorizes the culture of baitfish, shall catch and retain in any one day, or possess, more than 120 baitfish.
5. Paragraph 29(2)(d) of the Regulations is replaced by the following:
- (d) rainbow smelt in Zones 2, 4, 5 or 6 except, in Zone 6, in the waters of Jessie Lake, Lake Helen, Polly Lake, Lake Nipigon and its tributaries and the waters on the islands of Lake Nipigon.
6. The portion of subsection 31(4) of the Regulations before paragraph (a) is replaced by the following:
(4) No person shall angle for lake trout in the waters upstream of Snowshoe Dam (50°54′22″ N, 93°31′05″ W) on the Chukuni River, which include Red Lake (51°00′34″ N, 93°56′54″ W), Keg Lake (50°59′32″ N, 93°41′01″ W), Gullrock Lake (50°58′29″ N, 93°37′0″ W), Ranger Lake (51°03′54″ N, 93°34′33″ W), Two Island Lake (50°55′30″ N, 93°34′53″ W) and all portions of the Chukuni River between these lakes and any waters flowing into the Red Lake and Gullrock Lake system, using
7. The portion of section 40 of the Regulations before paragraph (a) is replaced by the following:
40. No person who is fishing for baitfish under a commercial bait licence shall use a dip net
8. (1) Subsection 41(1) of the Regulations is replaced by the following:
41. (1) No person who is fishing under a commercial bait licence shall place or use a baitfish trap that is not legibly marked with the licence holder’s name or licence number.
(2) The portion of subsection 41(2) of the Regulations before paragraph (a) is replaced by the following:
(2) No person who is operating under a commercial fishing licence or a commercial bait licence shall place or use in any waters a live holding box or impounding device unless
(3) Paragraph 41(2)(b) of the French version of the Regulations is replaced by the following:
- b) l’inscription est visible sans qu’il soit nécessaire de retirer le vivier ou le dispositif de capture de l’eau.
9. Section 43 of the Regulations is replaced by the following:
43. No person who is fishing under a commercial fishing licence or a commercial bait licence shall fish for, or catch and retain, a species of fish set out in column 2 of Schedule 7 or 8, as the case may be, in the waters set out in column 1 during the close time set out in column 3.
10. Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 11:
| Item | Column 1 Common Name |
Column 2 Scientific Name |
|---|---|---|
| 11.1 | Cisco (Lake herring) | Coregonus artedi |
11. The portion of item 12 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 12. | Coregonus hoyi, C. reighardi, C. kiyi, C. nigripinnis and C. zenithicus |
12. The portion of item 22 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 22. | Esox americanus vermiculatus |
13. Item 24 of Part 1 of Schedule 1 to the Regulations is repealed.
14. The portion of item 31 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 31. | Family: Esocidae |
15. The portion of paragraph 34(a) of Part 1 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 34. | a) saumon chinook |
16. The portion of item 45 of Part 1 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 45. | Catostome |
17. (1) Item 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after subitem (1):
| Item | Column 1 Common Name |
Column 2 Scientific Name |
|---|---|---|
| 1. | (1.1) Blacknose dace | Rhinichthys atratulus |
(2) The portion of subitem 1(6) of Part 2 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 1. (6) | Luxilus cornutus |
(3) Subitem 1(8) of Part 2 of Schedule 1 to the Regulations is repealed.
(4) The portion of subitem 1(12) of Part 2 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 1. (12) | Chrosomus neogaeus |
(5) The portion of subitem 1(13) of Part 2 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 1. (13) | Méné jaune |
(6) Item 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after subitem (17):
| Item | Column 1 Common Name |
Column 2 Scientific Name |
|---|---|---|
| 1. | (17.1) Northern pearl dace | Margariscus nachtriebi |
(7) Subitem 1(18) of Part 2 of Schedule 1 to the Regulations is replaced by the following:
| Item | Column 1 Common Name |
Column 2 Scientific Name |
|---|---|---|
| 1. | (18) Northern redbelly dace | Chrosomus eos |
(8) Subitem 1(19) of Part 2 of Schedule 1 to the Regulations is repealed.
18. The portion of subitem 2(5) of Part 2 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 2. (5) | Catostomus commersonii |
19. The portion of item 3 of Part 2 of Schedule 1 to the Regulations before subitem (1) in column 1 is replaced by the following:
| Item | Column 1 Common Name |
|---|---|
| 3. | Pike and Mudminnows (family Esocidae), only the species listed below |
20. The portion of subitem 4(1) of Part 2 of Schedule 1 to the English version of the Regulations in column 1 is replaced by the following:
| Item | Column 1 Common Name |
|---|---|
| 4. | (1) Cisco (Lake herring) |
21. (1) The portion of item 8 of Part 2 of Schedule 1 to the Regulations before subitem (1) in column 1 is replaced by the following:
| Item | Column 1 Common Name |
|---|---|
| 8. | Perches and darters (family Percidae), only the species listed below |
(2) The portion of subitem 8(6) of Part 2 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 8. | (6) Fouille-roche zébré |
(3) The portion of subitem 8(9) of Part 2 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 8. | (9) Raseux-de-terre gris |
22. The portion of item 1 of Part 3 of Schedule 1 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 1. | Gymnocephalus cernua |
23. The portion of item 6 of Part 3 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 6. | Têtes-de-serpent |
24. The portion of item 8 of Part 3 of Schedule 1 to the French version of the Regulations in column 1 is replaced by the following:
| Article | Colonne 1 Nom commun |
|---|---|
| 8. | Gobie à taches noires |
25. Item 9 of Part 3 of Schedule 1 to the Regulations is replaced by the following:
| Item | Column 1 Common Name |
Column 2 Scientific Name |
|---|---|---|
| 9. | Freshwater tubenose goby | Proterorhinus semilunaris |
26. The portion of item 2 of Part 4 of Schedule 1 to the English version of the Regulations in column 2 is replaced by the following:
| Item | Column 2 Scientific Name |
|---|---|
| 2. | Exoglossum maxillingua |
27. Part 2 of Schedule 3 to the Regulations is amended by adding the following after item 15:
| Item | Column 1 Species |
Column 2 Provincial Possession Limit |
|---|---|---|
| 16. | Yellow perch | 100 |
| 17. | Black crappie or White crappie or any combination | 30 |
28. The portion of item 5 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Waters |
|---|---|
| 5. | All inland waters on Manitoulin Island including Cockburn Island |
29. Part 3 of Schedule 3 to the Regulations is amended by adding the following after item 5:
| Item | Column 1 Licence |
Column 2 Waters |
Column 3 Species |
Column 4 Daily Catch and Retain Quota and Size Limits |
|---|---|---|---|---|
| 5.1 | Resident or Non-resident Conservation Fishing Licence | All inland waters on Manitoulin Island including Cockburn Island | Yellow perch | 12, any size |
30. Item 6 of Part 3 of Schedule 3 to the Regulations and the heading before it are repealed.
31. The portion of item 11 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Waters |
|---|---|
| 11. | Lake Simcoe, Lake Couchiching and Green River and their tributaries, the Trent Canal System and its tributaries downstream from Lake Couchiching to Lock 42, the Trent Canal System in the Townships of Brock and Ramara, and the Severn River and its tributaries (excluding Black River) downstream from Lake Couchiching to Wasdell Falls, in Simcoe County, the Regional Municipality of the District of Muskoka and the Regional Municipalities of York and Durham. |
32. Part 3 of Schedule 3 to the Regulations is amended by adding the following after item 12:
| Item | Column 1 Licence |
Column 2 Waters |
Column 3 Species |
Column 4 Daily Catch and Retain Quota and Size Limits |
|---|---|---|---|---|
| Zone 19 | ||||
| 13. | Resident or Non-resident Sport Fishing Licence | All waters in Zone 19 | Yellow perch | 50, any size |
| 14. | Resident or Non-resident Conservation Fishing Licence | All waters in Zone 19 | Yellow perch | 25, any size |
33. The portion of items 1 and 2 of Part 5 of Schedule 3 to the Regulations in column 4 is replaced by the following:
| Item | Column 4 Quota and Size Limit |
|---|---|
| 1. | 2 walleye or sauger in the aggregate, of which walleye must be between 35-45 cm and only 1 sauger may be greater than 45 cm in length |
| 2. | 1 walleye or sauger, of which walleye must be between 35-45 cm and sauger may be any size |
34. The portion of item 3 of Part 1 of Schedule 4 to the Regulations in column 2 is replaced by the following:
| Item | Column 2 Description of Waters |
|---|---|
| 3. | Lake Nipigon and its tributaries, downstream from the first falls, rapids, dam or lake identified on an Ontario Base Map or the entire stream if there are no falls, rapids, dam or lake identified, also including the waters on the islands of Lake Nipigon including Forgan Lake, Bonner Lake, Little Bonner Lake and Jackpot Lake (also known as Madeline Lake); Gull River, downstream from the Highway 527 bridge; Kabitotikwia River, downstream from the Highway 527 bridge; Poshkokagan River, downstream from and including the rapids (49°25′45″ N, 89º04′55″ W) located 13 km upstream from the Black Sturgeon Road bridge; Wabinosh River downstream from Wabinosh Lake; Little Jackfish River, downstream from and including the first rapids upstream of the Pikitigushi Road bridge |
35. The portion of item 2 of Part 7 of Schedule 4 to the Regulations in column 1 is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):
| Item | Column 1 Waters |
|---|---|
| 2. |
|
36. The portion of item 4 of Part 7 of Schedule 4 to the Regulations before paragraph (a) in column 1 is replaced by the following:
| Item | Column 1 Waters |
|---|---|
| 4. | Lake Ontario, in Zone 20, west of a line drawn from Bishops Point (76°11′39.14″ W, 44°18′15.34″ N) to the easternmost tip of Howe Island (76°11′42.49″ W, 44°18′5.53″ N) and from the easternmost tip of Howe Island to the easternmost tip of Wolfe Island (76°10′47.23″ W, 44°14′1.77″ N) and the lower Niagara River downstream of Niagara Falls excluding the following waters: |
37. Item 3 of Part 7 of Schedule 4 to the Regulations is repealed.
38. (1) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (3):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (3.1) Baldcoot Lake | Baldcoot Lake (45°19′13″ N, 77°39′56″ W) | Bangor | Hastings County |
(2) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (18):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (18.1) East Lake | East Lake (45°7′32″ N, 78°14′05″ W) | Harcourt | Haliburton County |
(3) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (20):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (20.1) Echo Lake | Echo Lake (45°19′27″ N, 77°41′41″ W) | Bangor | Hastings County |
(4) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (23):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (23.1) Fisher Lake | Fisher Lake (45°22′58″ N, 78°47′49″ W) | McClintock | Haliburton County |
(5) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (24):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (24.1) Greenbark Lake | Greenbark Lake (45°14′31″ N, 78°0′14″ W) | McClure | Hastings County |
(6) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (26):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (26.1) Hound Lake | Hound Lake (45°8′34″ N, 78°0′11″ W) | Herschel | Hastings County |
(7) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (35):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (35.1) Little Troutspawn Lake | Little Troutspawn Lake (45°22′58″ N, 78°45′52″ W) | Livingstone | Haliburton County |
(8) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (48):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (48.1) Nelson Lake | Nelson Lake (45°29′33″ N, 78°57′32″ W) | Finlayson | District Municipality of Muskoka |
(9) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (55):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (55.1) Pritchard Lake | Pritchard Lake (45°6′24″ N, 77°34′45″ W) | Mayo | Hastings County |
(10) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (60):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (60.1) Saunders Lake | Saunders Lake (45°48′42″ N, 79°07′09″ W) | Paxton | Territorial District of Nipissing |
(11) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (68):
| Item | Column 1 Waters |
Column 2 Description of Waters |
Column 3 Geographic Township, if any |
Column 4 County or Regional Municipality |
|---|---|---|---|---|
| 9. | (68.1) Sud Lake | Sud Lake (45°15′56″ N, 78°3′40″ W) | McClure | Hastings County |
COMING INTO FORCE
39. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
By agreement with the federal government, the Government of Ontario manages the province’s freshwater fisheries through the Ontario Fishery Regulations, 2007 (OFR) made pursuant to the federal Fisheries Act.
The OFR were significantly updated in 2007, in order to implement Ontario’s Ecological Framework for Recreational Fisheries Management. The Ecological Framework for Fisheries Management is a new approach to fisheries management, and a key element of the new framework is the creation of Fisheries Management Zone Advisory Councils to help set objectives, provide input into Management Plans and regulations, and to assist with consultation. The 2007 update also served to correct inconsistencies in wording, ordering and numbering of provisions, and remove unnecessary provisions.
Subsequent to these comprehensive changes, a number of additional small regulatory inconsistencies and administrative errors have been identified in the OFR, and minor updates are required, such as correcting errors and omissions in definitions, licence descriptions, geographic descriptions, and outdated fish names. In addition to these administrative issues, these amendments will further protect certain fisheries and fish populations through minor fishing rule changes to bait, gear, and retention restrictions.
The current errors and inconsistencies result in confusion surrounding Ontario’s recreational fishing rules and create inefficiencies in conservation and enforcement efforts associated with these Regulations. Therefore, these amendments are being made at the request of the Ontario government in order to address these issues, which will lead to improved regulatory clarity and enforceability. These changes ensure that the Province is better able to protect the fishery resource in Ontario and facilitate greater public understanding of these Regulations.
Objectives
The objectives of these regulatory amendments are to correct and clarify errors and definitions, and to make minor changes to the Ontario Fishery Regulations, 2007 (OFR), which can negatively impact the Province’s ability to enforce fishing rules and to facilitate recreational fishers’ ability to make use of the resources. These changes will also improve the ability of recreational fishers to utilize existing fish resources.
More specifically, the amendments are expected to create
Environmental benefits by
- reducing the likelihood of the spread of Aquatic Invasive Species by prohibiting the use of Rainbow smelt as bait in an additional fishing area;
- decreasing the risk associated with the introduction of invasive species into sensitive brook trout lakes by eliminating the use of live baitfish which is one pathway for introduction and spread of invasive species; and
- increasing protection of vulnerable Lake trout populations in Red Lake and connected waters by improving regulatory consistency over the broader water system area, reducing the potential for catch and release mortality in Red Lake and the connected waters by reinforcing “barbless hook” and artificial lure requirements.
Benefits to society, culture, economy and business by
- increasing fishing opportunities and improving conditions for increased tourism and engagement in wilderness and outdoors activities without putting undue pressure on fish stocks;
- clarifying the regulatory intent and fishing rules and ensuring consistency across regulations, to facilitate the communication of regulations and improve the public’s understanding of the regulations, while promoting compliance;
- increasing fishing tourism around Lake Erie and in the Manitoulin Island area by judiciously increasing the possession limit for Yellow perch; and
- taking measures to prevent the establishment of invasive species such as Rainbow smelt, which will help to protect the economy that has developed around sport fishing.
Description
The following is an overview of the changes to the OFR:
Improving the protection of Ontario’s fishery resources
Some of the changes to the OFR address zoning oversights that may leave Ontario’s fishery resource vulnerable to invasive species or inadequate fisheries management measures. New bait restrictions have been introduced regarding the use of Rainbow smelt, an invasive species, as bait in Fisheries Management Zone (FMZ) 6 (Northern Ontario, with some exclusions) and additional restrictions have been placed on the use of live baitfish in certain water bodies in FMZ 15 (Central Ontario) that are sensitive brook trout areas. These changes will better protect Ontario’s fisheries by reducing the opportunity for the introduction and spread of Rainbow smelt and other invasive species. In addition, gear restrictions, such as restricting the use of barbed hooks and live lures, have been expanded to ensure sustainable use of Lake trout populations throughout the entire Red Lake System.
Making changes to fishing rules
In the interest of conservation of fish species, catch and retention limits associated with Walleye, Black crappie, White crappie, and Yellow perch have been harmonized in various FMZs throughout the Province. This will address previous omissions of specific licence restrictions, and facilitate enforcement through consistent limits across licence types, to better accomplish fish conservation objectives. As well, catch and retention limits associated with the above species which protect vulnerable fish populations have been modified and possession limits for the above species have been added to Schedule 3, with the goal of improving current and future recreational fishing opportunities while protecting and conserving vulnerable fish stocks.
Clarifying regulatory application
Many of the amendments in this package address administrative errors that can create confusion surrounding the intent and enforcement of the OFR. More specifically, the definition of sport fishing is being clarified and expanded to ensure that anyone found fishing for non-commercial purposes can be held to the rules and regulations surrounding sport fishing. A new prohibition is being introduced that will make it illegal to retain fish that have been snagged (pierced, or hooked) in any part of the body besides the mouth. This new prohibition closes an unintended regulatory gap and clarifies the existing expectations around the issue of snagged fish. A new authority is introduced to prohibit catch and retention limits above otherwise stated provincial limits for certain licence types (Sport fishing and Conservation licences) to resolve current inconsistencies between regulatory authorities and other fishing licence provisions. The name of the Commercial Bait Licence is corrected to be consistent with related sections of the Regulations. Outdated common and scientific names of fish listed in Schedule 1 are corrected to reflect those published by the American Fisheries Society, which sets the accepted standard of fish nomenclature. Administrative errors related to mapping of, and catch limits associated with, Manitoulin Island are corrected, and Schedule 4 is corrected to accurately describe the waters of Lake Nipigon, the St. Clair River and the Detroit River.
As the amendments are largely administrative in nature and generally clarify regulatory intent, there are no expected costs to the Canadian public or to government. Business operators and other stakeholders are voluntarily taking steps to follow these amendments. However, to ensure fairness and transparency in applying and enforcing the Regulations, these changes are necessary to ensure that all recreational fishers are following the same rules, with the same comprehension. By simplifying and clarifying rules around fishing, these amendments facilitate compliance. They will be published in the widely distributed and easy to understand Ontario Recreational Fishing Regulations Summary, thereby saving the fishing community costs associated with familiarizing themselves with the Regulations and reducing incidence of infractions related to regulatory confusion.
The following table outlines each amendment in detail, in order of how they will appear in the amended Regulations:
number |
Amendments to the Ontario Fishery Regulations, 2007 |
|---|---|
| 1 | Subsection 1(1) definition of "sport fishing" is amended to remove the reference to the specific methods that are already set out in section 14 of the Regulations, therefore removing duplication. This will eliminate the need to change the definition in the future if specific methods are added or removed. |
| 2 | Section 9 includes a new provision to prohibit the retention of snagged fish. |
| 3 | Section 17 is amended to include a prohibition for the holders of certain licences (Sportfishing and Conservation licences) to possess more fish than the provincial limits. This is to ensure that the holders of certain other types of licences (e.g. Aquaculture, Licence to Transport Live Fish) may be granted an exemption from the provincial limits, allowing them to possess more fish than the provincial limits without contravening section 17. |
| 4 | The prohibition against possession and use of Rainbow smelt as bait is expanded to include FMZ 6 (with some limited exceptions) and the amendments to Part 1 of Schedule 5 prohibit the use and possession of live baitfish in additional waters in FMZ 15. |
| 5 | Subsection 31(4) is amended to add several connected lakes, streams, and waters to the area (the Red Lake and Gullrock water system) where it is illegal to angle for Lake trout with a hook other than a single barbless hook, a line to which more than one hook is attached, or anything other than an artificial lure. |
| 6 | Sections 28.1, 40, 41 and 43 of the English version of the Regulations are amended to correct the name of the commercial baitfishing licence to correctly refer to it as a "commercial bait licence." In the English version of subsection 41(2), the wording "holder of" is replaced by "person who is operating under" the given licence. |
| 7 | Schedule 1 is amended to update common and scientific names of fish to reflect those published by the American Fisheries Society. |
| 8 | Amendments to Part 2 of Schedule 3 will set new provincial possession limits for Yellow perch (100) and Black and White crappie (30), or any combination of them (30), which were previously not present on the Schedule. |
| 9 | Amending item 5 of Part 3 in Schedule 3 corrects the description of the waters by removing the exclusion of Lake Wolsey and South Bay from the inland waters of Manitoulin Island. In addition, the conservation licence daily catch and retain limit for Yellow perch is changed from 25 to 12 and is included for these waters. |
| 10 | Amendments to Part 3 of Schedule 3 include the repeal of item 6 to remove the daily catch and retain limits for Yellow perch in Lake Nipissing, where the general catch and possession limits for Yellow perch (100) will now apply; the addition of items 13 and 14 to establish daily catch and retain limits for Yellow perch in Zone 19 for sport licences (50) and conservation licences (25); and update item 11 to properly and more clearly identify the applicable waters of FMZ 16. |
| 11 | The non-resident limits for walleye and sauger in items 1 and 2 of Part 5 of Schedule 3 is replaced with the following:
|
| 12 | The description of the waters in item 3 of Part 1 of Schedule 4 is amended to include Lake Nipigon and to correct the reference to Black Sturgeon Road bridge. Item 2 of Part 7 of Schedule 4 adds subitems (c) and (d) to clarify the boundaries of the St. Clair and Detroit Rivers, where only one rod per person is allowed when fishing in open water from a boat within FMZ 19. |
“One-for-One” Rule
The “One-for-One” Rule does not apply. The proposed Regulations do not in and of themselves impose any new administrative burden on regulated communities. Furthermore, these Regulations are enforced and managed by the Province of Ontario.
Small business lens
The small business lens does not apply to the proposed Regulations, as there are insignificant costs to small business. Small business would not be disproportionately affected by the proposed Regulations. In many cases, the proposed regulatory authorities or prohibitions already exist in the provincial Regulations, such that no new regulatory costs are identified.
Consultation
In 2005, Ontario developed a new approach to fisheries management called the Ecological Framework for Fisheries Management. A key element of the new framework is the creation of Fisheries Management Zone Advisory Councils. The role of the councils is to help to set objectives, provide input into Management Plans and regulations, and to assist with consultation.
The majority of the issues identified in the amendments pertain to errors, omissions, anomalies, and inconsistencies that are technical in nature and will not have any significant impact or negative consequences. Where necessary (when the amendment is more than simply wording or an administrative change), consultations were conducted with Fisheries Management Zone Advisory Councils, throughout the Province of Ontario.
The amendments have received positive feedback and broad support from a wide range of affected stakeholders, through a variety of public consultations including
- Public, in-person consultations with, and presentations to, various stakeholders such as tourism operators, the angling community, the Ontario Federation of Anglers and Hunters, fish and game clubs, First Nations communities, community councils, and Fish and Wildlife Advisory Councils; and
- Media releases, publication on the Ontario provincial Web site, and the creation of public Web sites and mail-outs to inform the public of the proposed changes and to collect comments.
The overwhelming majority of responses were in support of the amendments, including those by tourist operators, First Nations, and outdoor recreation and nature associations and councils. Some positive responses suggested tightening catch and possession limits even further, to assist in conservation of fish populations. However, the changes and limits proposed are supported by Advisory Councils as a balanced approach that will simplify the Regulations and maintain an appropriate level of protection.
During consultations, there was generally either no negative feedback, or the negative feedback received was for other topics of the consultation which are not included in these regulatory changes. In one instance, regarding the amendments for Yellow perch, one letter was received in which the person was against applying the season regulation to perch, reasoning that it would do little to maintain the perch population. This input was considered but the decision to proceed was made based on the clear majority support.
Rationale
The Government of Ontario is requesting these amendments be made to accomplish zone management objectives and correct provisions that were unclear and hindered effective oversight.
Aside from the administrative changes to errors and inconsistencies in spelling, wording, and geographical limits, which result in confusion surrounding Ontario’s recreational fishing rules and create inefficiencies in conservation and enforcement efforts, the amendments will protect vulnerable fish stock from overfishing by changing limits to reflect sustainable practices. Applying bait restrictions will reduce the risk of the introduction of new invasive species (which can result in over-competition for food and habitat), to help confine existing invasive species to their present locations and prevent them from spreading further. Extending the gear restrictions in place on Red Lake to the entire Red Lake System supports a sensitive and stressed lake trout population.
Clarifying boundaries, correcting regulatory inconsistencies and establishing provincial possession limits make regulatory rules easier for the public to understand and reduce infractions committed in error. This in turn simplifies enforcement work and reduces the burden on courts.
Implementation, enforcement and service standards
In January, the Ontario Ministry of Natural Resources publishes an annual recreational fishing summary to inform the public of fishing rules, and to highlight recent changes to regulations that impact recreational fishing in Ontario. These amendments will be publicized through this public document, and through local notices in areas where regulatory amendments apply.
The regulatory amendments will be enforced by federal Fishery Officers and provincial Conservation Officers through routine compliance monitoring and fisheries management activities.
Contacts
Sarah Tremblay
Regulatory Analyst
Fisheries and Oceans Canada
Email: Sarah.Tremblay@dfo-mpo.gc.ca
Sharon Duffy
Ontario Ministry of Natural Resources
Email: sharon.duffy@ontario.ca
- Footnote a
S.C. 2012, c. 19, s. 149 - Footnote b
R.S., c. F-14 - Footnote 1
SOR/2007-237